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ScottyMacEsq, Attorney

Category: Legal

Satisfied Customers: 16870

Experience: Licensed Texas General Practice Attorney

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I will be served with a writ of replevin (illegally) because

Customer Question

I will be served with a writ of replevin (illegally) because my adminstrative process is still in process. what recourse or action can I take to hold off the replevin action until the administrative process is complete.

The proper motion that you want to file with the court that the replevin action is filed under is a "motion to abate." What this means is that you are asking the court to suspend the proceedings until something can take place.

You can go to your library and see if there are any pro se books that will have this form in them. You can also try going to a local law school's law library and asking if they have litigation forms. You will want to file this form, along with an applicable order to abate, and serve it on the other side. This means that you should at minimum fax a copy of this motion and order to the opposing attorney at the same time you file your motion with the clerk of the court.

Does your answer applty to all counties in the US? There is no opposing attorney to fax the motion to abate with. The repo man showed up at the door this morning wanting the auot. I refused to give it to him stating that I have paid this off and showed him the paperwork. How long does it take to get a writ of replevin in Florida? I am not sure this is the answer to my dilema yet.

It applies to a filed action in many states in the US, including Florida. I thought that this had already been filed. When it is filed, there will be an attorney on the case. You should file this motion immediately after receiving the writ. Contact the attorney on the other side and inform him of what's going on, that you have paid off the car, and that he is on notice that this has in fact happened, and that if he continues pursuing this case against you without an adequate investigation into the facts, you will pursue any remedies you have against him and his client for malicious prosecution and ethical complaints. Obtaining a replevin can take a relatively short time or longer, depending on the county and caseload.

However, you should work to get this resolved before having this filed, as it can relieve a big-time headache. If you can contact the lender (customer service, etc...) and have them contact the collecton agency/repo agency and notify them of the circumstances, then you can probably avoid the hassle of a repo.

I have been in contact with the finance company and have sent in copies of my paperwork, to no avail. they will not accept the payment and are dictating the form of payment I must submit. I thought under the Banking Act of 1933 that was illegal to dictate or refuse legal tender?

Even if the Banking Act said that form of payment could not be dictated, that law was repealed in 1999. But anyone can dictate how they want to be paid, contractually. You can say that you want to be paid in pennies if you desire.

If it's not that much of a difference, it might just make more sense to follow how they want to be paid, because they have a right to be paid how they want.